- ILLINOIS POLLUTION CONTROL BOARD
February 5, 2015
DYNEGY MIDWEST GENERATION, LLC,
BALDWIN ENERGY COMPLEX,
Petitioner,
v.
- ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
- Pet.
- at 1, 5, 8.
- Although the Illinois Administrative Procedure Act subjects certain permits in their
entirety to an automatic stay during appeals (5 ILCS 100/10-65(b) (2012)), a petitioner may
choose not to avail itself of this stay and instead request that the Board stay only the contested
conditions of the permit.
- at 4 (granting stay of challenged permit conditions).
In deciding whether to grant a discretionary stay, the Board may consider various factors,
including avoidance of irreparable harm to t...